Effective January 1, 2015, Minnesota has new expungement laws that are much more favorable to people seeking expungement. Expungement is a request to seal judicial and executive branch records, so that they cannot be obtained by the public. Judicial records are held by the courts and include records of conviction. They also include records in which the case was dismissed or the defendant was acquitted. Executive branch records are those held by police agencies, including, most notably, the Minnesota Bureau of Criminal Apprehension ("BCA"). The BCA maintains comprehensive records of conviction. The FBI does the same.
Prior to the new amendments, people requesting expungment often were unable to benefit from expungement because the courts lacked authority to seal executive branch records of conviction. To access the Minnesota Judicial Branch's self help information regarding expungement, visit http://www.mncourts.gov/selfhelp/?page=328.
The new amendments dramatically expand the ability to obtain expungement of judicial and executive branch records for petty misdemeanor, misdemeanor, gross misdemeanor, and a limited list of felony offenses in Minnesota.
To read the new statute, visit https://www.revisor.mn.gov/statutes/?id=609A.02.
Disclaimer: This guide is for informational purposes only. It does not constitute legal advice, and does not create an attorney-client relationship. For actual legal advice specific to your circumstances, consult an attorney in your state.
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